Passengers can take civil or criminal action against airline staff misconduct

Passengers victimised by alleged misconduct or illegal dealings of airline employees can adopt appropriate civil or criminal remedies available under the law, the Delhi High Court has ruled. According to a Hindustan Times report, Justice Amit Mahajan dismissed a petition seeking the formulation of rules and guidelines to address alleged misconduct, harassment, and ill-treatment of passengers by airline staff.

Expressing dissatisfaction, the court stated that creating rules, regulations, and regulatory guidelines is the function of the competent authority and is a matter of policy. The court clarified that while exercising jurisdiction under Article 226 of the Constitution, the High Court cannot issue general directions to the government to frame rules or determine specific disciplinary measures simply because the petitioner deems it appropriate.

The petition was filed by Shalini Tiwari. She alleged that a customer-care executive of IndiGo Airlines used obscene, abusive, and sexist language while speaking with her. Tiwari claimed that despite several representations demanding accountability and disciplinary action against the concerned employee, the airline failed to take any meaningful steps.

Tiwari argued that the current Civil Aviation Requirements (CARs) provide for mechanisms and consequences for misconduct by passengers, but there is no specific mechanism to deal with misconduct, harassment, or ill-treatment of passengers by airline employees.

However, the court observed that the absence of such a mechanism in the CARs is not, in itself, sufficient reason to give a judicial direction to the authorities to frame rules as requested by the petitioner. The court noted that arrangements regarding passenger misconduct are to ensure the security and safety of airports and flights. Alleged unruly behaviour of airline employees can be resolved through appropriate civil or criminal remedies.

The court further noted that the petitioner had previously approached the High Court, following which the DGCA was directed to treat her application as a representation and decide on it within 30 days. Pursuant to this direction, the DGCA stated in a communication dated July 20, 2026, that the grievance of the petitioner regarding the incident had already been resolved by the airline through necessary corrective and preventive measures.

The High Court stated that no further directions are now required to initiate action against the airline in relation to the same incident. The court clarified that if the petitioner is dissatisfied, they are free to seek appropriate civil or criminal remedies.